Asylum Attorney In Kansas City

Political Asylum

Asylum is used for individuals who come to the United States looking for protection after they have suffered persecution in their home country or have fear that they will suffer prosecution in their home country because of:

• Race
• Religion
• Nationality
• Membership in a certain social group
• Political stance

An eligible applicant for asylum is allowed in remain in the United States. An application for asylum must include a Form I-589 that is filed within one year of the applicant’s arrival in the United States. A spouse and children may be included in the same asylum application at the time of the application, or any time prior to the application decision being made.



An application for asylum can not include an application for employment authorization. Employment authorization may only be applied for if:

1. 150 days have passed since the applicant filed their complete asylum application, excluding any delays caused by the applicant AND
2. No decision has been made on the applicant’s application

When granted asylum, an applicant is eligible to work immediately.

An applicant for asylum may apply for a green card after being granted asylum. To do so, the applicant must file Form I-485. For each family member wishing to receive a green card an individual form must be filed.

Affirmative Asylum

The affirmative asylum process is used for individuals that are physically present in the United States at the time of their application. An application for asylum is available regardless of how the applicant arrived in the United States or their current immigration status.

An application for asylum must be submitted within one year of the applicant’s last arrival in the United States unless:

1. the applicant can show changed circumstances that materially affect the applicant’s eligibility for asylum or extraordinary circumstances relating to the delay in filing or:
2. the applicant filed within a reasonable amount of time given the circumstances.

If an applicant’s asylum case is not approved and the applicant does not have legal immigration status, USCIS will issue a Form 1-862 and refer the case to EOIR.

An applicant for affirmative asylum is rarely detained by US Immigration or ICE. Applicants may live in the United States when their application is pending.

Defensive Asylum

The defensive asylum process is used when an applicant requests asylum as a defense from removal proceedings. For the asylum process to be defensive, an applicant must be in removal proceedings in immigration court with the EOIR.

There are two ways that individuals are placed into defensive asylum processing. The two scenarios include:

• 1) the applicant is referred to an immigration judge by USCIS after they have determined to be ineligible for asylum at the end of the affirmative asylum process, or
• 2) the applicant is placed in removal proceedings because they:
• 1) were caught and apprehended in the United States or at a port of entry while in violation of their immigration status or
• 2) were caught by US customs and CBP trying to enter the United States while undocumented

Court room like proceedings are used and cases are heard by immigration judges. The judges will hear arguments from both the individual (and his or her attorney) and the United States government. At the hearings, an immigration judge will determine if an individual is eligible for asylum.

For more information regarding defensive asylum, and the process of defensive asylum, please contact the Law Office of Jeffery Bennett via phone: 816-759-2776 (English), 816-759-2777 (Spanish); or via email: jyb@jybennettlaw.com.